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UTUSN

(70,720 posts)
Thu Jun 27, 2019, 02:01 PM Jun 2019

My lay questions about the census & Gerrymandering rulings

1) All the news items about the citizenship question say the question is ruled out "FOR NOW" but I haven't found the rationale for the TEMPORARY feature instead of a final.

2) If they said Federal courts can't interfere with the States on voting issues, so Bush v. Gore should never have been ruled on, even with the "this case only" cop out?






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hlthe2b

(102,320 posts)
2. There is no logical answer to #2
Thu Jun 27, 2019, 02:06 PM
Jun 2019

As to #1, SCOTUS rightfully remanded the case back to the original court and the agency tasked with answering the additional questions for that court (this in light of new information on the RW operative's post-mortem computer files/tapes that demonstrate lies in the Dept of Commerce' original filings as to intent/justification)

That decision could ultimately be appealed to SCOTUS again, but given the time constraints, unlikely in time for the constitutionally-mandated census in 2021.

UTUSN

(70,720 posts)
3. As you say, "new information." Just heard on the radio that SCotUS is for appeals not for new info.
Thu Jun 27, 2019, 02:28 PM
Jun 2019

hlthe2b

(102,320 posts)
5. RIght.. SCOTUS does not hear new information and thus it was remanded back to the lower courts
Thu Jun 27, 2019, 03:31 PM
Jun 2019

WhiskeyGrinder

(22,374 posts)
4. For question 1, the court essentially said, "No, because you didn't show your work very well."
Thu Jun 27, 2019, 02:29 PM
Jun 2019

The administration could better explain its rationale and bring it back to the lower court.

hlthe2b

(102,320 posts)
6. Yes. It was remanded back to the NY lower court. They have to hear the Commerce response first.
Thu Jun 27, 2019, 03:32 PM
Jun 2019

The other poster seemed to be suggesting Commerce could simply come up with some new excuse and go directly to SCOTUS. Not the case and thus a considerable delay, rendering the census deadlines likely the ultimate obstacle.

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